HomeMy WebLinkAbout2003-05-20 Planning Board Minutes 1
2 North Andover Planning Hoard
3 Unapproved Minutes 0
t.
4 May 20,2003
5 Regular Meeting
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7 Members Present: John Simons, Chair; Alberto Angles,Vice Chair,
8 Rick Nardella, Clerk; George White
9 Members Absent: Felipe Schwarz,James Phinney
10 Staff Present: J.Justin Woods,Planning Director,Debbie Wilson,Planning Assistant
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14 The Chair called the meeting to order at TOOPM.
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16 1) Executive Session
17 Andes motion to go in to executive session to discuss pending litigation at 7:02PM. 2"`' by White.
18 Discussion: None.Roll call vote: White affirmative,Angles affirmative,Simons affirmative. Motion
1.9 carries 3-0.
20 [Nardella entered at 7:13]
21 Nardella motion to come out of executive session at 7:22PM. 2nd by Andes. Discussion: None. Roll
22 call vote: Nardella affirmative, White affirmative, Andes affirmative, Simons affirmative. Motion
23 carries 4-0.
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25 Discussion Items:
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27 2) Approval of the Minutes 5/6/03
28 Nardella motion to approve the minutes of 5/6/03 as written, 2"d by Andes. Discussion: None.
29 Motion carries 4-0.
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31 3) Chatham Crossin
32 The Planner asked the board to wait.to discuss this matter until later in the meeting since there was
33 nobody in attendance representing the developer of Chatham Crossing. Mrs. Brown said that this has
34 gone on for a year and she would like this situation taken care of. The Chair asked if someone would be
35 here tonight and the Planner said that it was his understanding that someone would be here for the
36 developer.
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38 4) Northeast Storage
39 The Planner discussed the letters sent in from Channel Building Company and Attorney Scalise in
40 response to the '.landscaping and screening issues. Nardella asked if the West side of the property would )
41 be addressed and if someone would be here representing Northeast Storage. The Planner .indicated that J
42 the letter stated that it hoped to suffice. Nardella asked what the Planner could do to ensure that these
43 plantings are there when they say they will be. The Chair stated that the builder should be held
44 accountable and they need to know that a CO will not be issued if they do not take care of the outstanding
45 landscaping issues. Nardella asked to see the landscaping plan and would like the Planner to oversee the
46 plantings to ensure they are being done right. Nardella wants this discussed with Heidi Griffin to ensure a
47 CO is not issued. The Planner addressed the board and indicated that he would go there on Friday to
48 ensure that work is progressing as outlined in the letter and place this item back on the June 3r`'agenda to
49 keep the board abreast of the situation.
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Unapproved Planning Board Minutes Page 2 of 4
May 20, 2003
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3 5) Chai Restaurant
4 Greg Hofineth, Neve Associates, was present on behalf of the Chai Restaurant. Mr. Hofineth said that
5 the developer's money was getting tight so Neve and others pulled back from the work that they had
6 started. He noted that the winter was really bad and made conditions worse. Mr. Hofineth has recently
7 put a monitoring report in place and met onsite with the Conservation Department and the landscapers.
8 Nardella asked about the chain link fence and when the road shoulders will be complete. Hofineth said
9 that would be done within a couple of weeks. The Chair requested that the Planner see the property on
10 Tuesday and put it back on the agenda next time for a status report.
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12 6) Chatham Crossing;(continued)
13 The Planner reported that a pre-construction meeting took place with DPW and the developer's engineer
14 on Monday. The Planner stated that it was his understanding that work would begin as soon as casements
15 were in place. Attorney Don Bornstein came in for Ray Cormier representing Chatham Crossing and
16 indicated that a drainage system was being implemented to address the water issues that affect the Browns
17 and Demers property. Attorney Bornstein said the work would go ahead as soon as the weather
18 permitted. He brought draft copies of the easements necessary to obtain consent prior to any work being
19 done. White asked why the easement draft was not signed before tonight. The attorney did not have an
20 answer and explained that he had them with him tonight and would like the abutters and board members
21 to review the agreement. The Planner explained that the easement would need to be in place to ensure
22 that nobody accidentally cuts into the new drainage system. Nardella asked why this problem has taken
23 so long to resolve. Attorney Bornstein said he did not know. Nardella said he will not stand for any more
24 lack of action on behalf of Mr. Cormier or he will vote to take action. The Planner has indicated that they
25 will not release any additional lots or bond monies until the drainage and screening issues are both
26 resolved. Mrs.Brown indicated that more damage has been done because this has been delayed and her
27 basement has been further damaged. She asked what assurances they had to ensure the revised drainage
28 works. The Planner indicated that a flood test has to be completed and enough time has to go by to ensure
29 that the water matter has been resolved before any bonds get released. The Browns would like the
30 easement reviewed by their own attorney at the expense of the developer. Nardella would like Attorney
31 Bornstein to inform the developer of his displeasure. Bobby Demers commented on the proposed
32 drainage system and wants to ensure a drainage pipe on his property. He indicated he has ducks in his
33 back yard due to the water. Nardella would like to see the original plan and the original grading so that
34 Jack Sullivan,DPW can give his input. The Planner indicated that the drainage issue would take care of
35 Bobby Demers. Nardella said that the Town Planner can make them put in any plantings as necessary.
36 Nardella would like the planner out there immediately after the drainage issue is addressed and ensure
37 that trees would be put back that have died. The planner said he would enforce that the trees are replaced.
38 The Chair asked if they felt that they needed to go to the developer, Ray Cormier and enforce significant
39 action to remedy the situation. Nardella would like the permanent easements worked out with the
40 abutters. The Planner indicated that the drainage and grading would be done the same time. Nardella
41 asked if they would actually be going on Mr. Demer's property. It is unclear at this time if they will need
42 to go on to Mr. Demer's property. Nardella said this problem needs to be resolved? The Chair stated that
43 this will be back on the agenda in two weeks for the June 3`d meeting.
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Unapproved Planning Board Minutes Page 3 of 4
May 20, 2003
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3 7) Peachtree Farm Plan Endorsement
4 The Planner addressed the board and indicated that he spoken with Ms. Darcy and Mr. Minicucci and
5 told them that the plans and other documentation were not submitted timely and he was unable to review
6 the plans. Accordingly, this item should not be on the agenda. The Chair asked if everything has been
7 submitted to the Planning Department. The Planner indicated that the plans and some documentation had
8 been submitted the previous afternoon. He reported telling Ms. Darcy and Mr. Minicucci that he would
9 review them and would have a recommendation ready for the next meeting. Mr. Laudani indicated that
10 he has done more business in this town than anyone else and chastised the Planner for trying to delay the
11 endorsement. The Planner stated said he just received the plans yesterday and it was not possible to
12 properly review them. The Planner noted that he told Ms. Darcy over a week ago that the Board has a
13 posted policy that revised plans must be submitted eight days prior to the meeting. Nardella asked Mr.
14 Laudani when his closing was taking place. Mr. Laudani said 1:30 on Wednesday afternoon. Mr.
15 Laudani requested that the Board make an exception and sign the plans tonight. Nardella asked if the
16 plans were here. The Planner stated that he did not bring the plans as he told Ms. Darcy and Mr.
17 Minicucci that they would not be on the agenda. Nardella suggested that Board members go back to the
18 Planning Office and sign the plans to accommodate Mr. Laudani. White asked when the plans were
19 complete and Mr. Laudani said last Friday. Mr. Laudani added that the changes are only minor changes
20 to the plans and he would like special acceptance. The Planner stated that there are 25 pages of plans and
21 notes that have to compared to the approved plans and permits to make sure that the plans are correct.
22 The Planner added that other developers of similarly sized projects typically schedule a meeting with the
23 staff to review the changes to the plans together. The Chair asked if all items have been turned in. The
24 Planner said he believes the final documentation was submitted this afternoon, but that he has not
25 reviewed the materials to confirm this. Angles asked why so many plans were submitted and Mr.
26 Laudani said the plan set consists of 25 sheets. Ms. Darcy addressed the board and requested that the
27 plans be signed tonight. The Planner stated for the record that it would be inappropriate to endorse plans
28 that have not been reviewed. Mr. Laudani said he is giving his word that if ever there was a technical
29 error he would come back before the board and rectify the situation himself. Nardella motion to sign
the Peachtree carr'„
- "d v les 4.0.
301 Nardella asked the Planner of reviewthe plans the morning•after they have been signed tt
None Motion
g y o ensure that
32 they are ok before releasing them. The Planner replied that he would not review them if the Board
33 endorsed them against his recommendation because that review should take place before the plans were
34 endorsed.
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36 Continued Public Hearing:
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38 8) 500 Great Pond Road North Andover Country Club-Watershed&Site Plan Special Permit
39 The Planner read a letter from the applicant requesting a continuance until June P. The Chair asked what
40 caused the delay. The Planner indicated that the applicant just submitted responses to VHB's comments
41 yesterday, and they were not prepared for tonight's meeting. Nardella motion to continue the public
42 hearing-until June 3 2003 2',dAY Angles.Discussion: None.Motion carries 4-0.
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Unapproved Planning Board Minutes Page 4 of 4
May 20, 2003
1 Additional Discussion Items:
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3 9) Bradford Street
4 Tom Zaboruiko presented a discussion about two lots on Bradford Street. He would like to get feedback
5 from the Board about how he could proceed with this property. Two women own 6.9 acres of land and he
6 is not sure if they would like to build for themselves or not. Mr. Zahoruiko indicated that a9 ravel
7 driveway would work for the area. Some of the area is wetlands. He said there would be a common
. 8 driveway. The board said he would need a definitive subdivision with a request of a waiver to create an
9 entire road. Nardella said to make it to double driveway specifications.
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11 10) Bax State Road
12 Tom Zaboruiko. updated the board about Bay state Road. Mr. Zahoruiko said he can get enough land,
13 but is just looking for a way in and would like to clarification in regards to the street. The Planner
14 researched this and determined that the two lots did merge and recommended that Mr. Zahoruiko proceed
15 with the Form A to get enough land to have two lots. The Planner then explained the legal process for
16 proving access rights over a paper street and explained that after proving access rights, he would need to
17 file for a definitive subdivision permit to lay out the way, after which, he could request a waiver of
18 constructing the road and file for a common driveway special permit. Nardella is not thrilled with the
19 common driveway exception.
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21 Deliberations:
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23 11) 10 Commerce Way, Car Wash Facility, Site Flan Sp
gcial Permit
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24 The Planner presented the decision to the board. Simons asked what conditions could be in place to
25 ensure that this property will look as good as they promised. Changes were discussed with the board and
26 the board was satisfied with the changes as drafted. Nardella motion to approve the 10 Commerce
27 Special Permit as amended this evening. 2°d by Angles. Discussion none. Motion carries 4-0.
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29 Additional Discussion Items:
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31 12) MRI report
32 Nardella asked about the MRI report. He said that the decision was made six years ago and it was never
33 enforced. He feels the money should be used for Public Safety issues and testing. The 25,000 were
34 supposed to be used for air quality monitoring. Mrs. Fink addressed the board about the 10,000 for
35 police and 15,000 to public health to assist in air quality monitoring. Mrs. Fink said she attended the
36 board of health meeting. She feels that the money should be staying within community development.
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38 13) Town Meeting Recap
39 The Chair discussed the 114 projects and feels they should keep a close eye on the design. Angles feels
40 the Staples needs to be watched closely. The Planner has some suggestions that he feels would enhance
41 the project, such as encouraging a mixed-use development and looking at transit connections. Nardella
42 does not agree and feels that mixed-use would not work in this area. The Planner responded that he was
43 simply trying to bring some new elements into the discussion and see if some of them would stick. He
44 reported that the architect and engineer on the project expressed interest in some of the ideas. The Chair
45 and Angles indicated that they were ok with the Planner exploring some of these ideas.
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47 14) Adjournment
48 Nardella motion to adjourn at 9:13PM. 2',d by_Angles. Discussion none. Motion carries 4-0.
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